ANALYSIS: O'Brien unlikely to leave Worcester post

WORCESTER – Is City Manager Michael V. O'Brien headed out the door of City Hall to what would likely be a more financially lucrative job in the private sector?

In all likelihood, probably not.

Mr. O'Brien has never given any indication that he wants out as city manager, and many city councilors hope he doesn't leave.

But in the world of Worcester politics, one learns never to say never, especially if one receives an outside offer that is difficult to refuse.

Mr. O'Brien, who has been the city's chief executive since 2004, caught his bosses, members of the City Council, by surprise Monday night when he advised them of a job opportunity he has in the private sector.

He said he had informal discussions in late August with Boston-based WinnCompanies, a national real estate firm that specializes in the acquisition and redevelopment of residential and mixed-use properties, about whether he was interested in a job with them.

After some consideration, he said, he told Winn that he does have an interest in exploring such an opportunity, pending the appropriate disclosures to the City Council.

But under state law, Mr. O'Brien cannot pursue further discussions with Winn until first disclosing it to his appointing authority, which is the City Council.

Because Winn owns or manages properties in Worcester, municipal departments under the city manager's direct jurisdiction interact with the company, its representatives, agents and employees on a variety of matters. They include issuing permits and performing annual inspections, as well as approving construction drawings.

In addition, the city Assessing Department, which is under the direct jurisdiction of the city manager, is responsible for setting real estate values on properties owned by Winn.

Because of those jurisdictional responsibilities and the financial interest he will have upon further exploration of the employment opportunity, Mr. O'Brien has asked the City Council to determine whether he should proceed in overseeing departmental operations and day-to-day activities pertaining to Winn.

The timing of the notice certainly came as a surprise because Mr. O'Brien's current contract with the City Council runs through March 2015. And the fact that it came less than two months before the municipal election makes it even more intriguing.

There is a feeling at City Hall that Mr. O'Brien had grown a bit disappointed that the City Council had not broached the idea of extending his contract after giving him another glowing job performance review in June.

In 2010, Mr. O'Brien received a three-year contract extension from the council, right after his job performance evaluation, even though it wasn't set to expire for another two years.

That extension keeps Mr. O'Brien as the city's chief executive through March 2015.

Under the terms of the manager's contract, the council has to give him written notice on or before Sept. 24, 2014, on whether it intends to negotiate a subsequent contract for his services or simply allow his current contract to expire.

While there is still plenty of time for that to happen, there seemed to be a sense of less urgency on the council these days to talk about extending his contract compared to three years ago.

Not only hasn't there been any talk about a contract extension by city councilors, there haven't even been any whispers.

Based on the latest turn of events, one could surmise that Mr. O'Brien is looking to get a read from the council on whether it wants him to stay or go.

But that is something the manager denies. He said he had no choice but to make the disclosure to the City Council because it is the law. He added that Winn approached him and not vice versa.

Indeed, state law makes it clear that Mr. O'Brien could be subject to a fine of up to $10,000 and imprisonment of up to five years if he failed to make such a disclosure.

"It's the law, I had no choice," he said.

For that reason, Mayor Joseph M. Petty is one who believes that people shouldn't be reading too much into what has happened. As far as he is concerned, it's a non-issue.

"I talked to the city manager about this and he told me he is committed to the city," Mr. Petty said. "I don't think he is looking to leave, but because he was approached by a company that has dealings with the city on many levels, he had to report it to the council.

"I still have full confidence in the city manager and support him 100 percent," he added. "I wouldn't stand in the way of someone who had an attractive offer elsewhere, but I believe this manager's heart is with the city of Worcester."

District 2 Councilor Philip P. Palmieri also scoffs at any notion that Mr. O'Brien is using a job offer as a way to jump start contract talks with the council.

In fact, he said, he would not be surprised if he receives more job offers from other companies. He said he firmly believes that Mr. O'Brien could make substantially more in the private sector, compared to his annual salary as city manager of $191,189.

But, he added, it has not been about money with Mr. O'Brien, pointing out that he had forgone pay raises for three years when the city was facing tough fiscal times.

"I'm sure there will be an underbelly that will be looking at this as some kind of ploy to get a new contract, but absolutely believe that's not the case," Mr. Palmieri said. "He's probably one of the most capable and qualified city managers in the country; I say that without hesitation. He is enormously talented and people in the private sector recognize that."

But Mr. Palmieri also believes that any conversation about a contract extension or the manager should not occur until after the November municipal election.

Councilor-at-Large Frederick C. Rushton said Mr. O'Brien is in a position to leave a lasting legacy in Worcester if he continues as city manager.

He said any decision Mr. O'Brien makes will have to be based on his family's needs, but he added that manager has an opportunity to leave a significant imprint on Worcester.

"There will be skeptics who think that Mike O'Brien is only thinking about his next contract, but let's be honest, his family comes first," Mr. Rushton said. "Any decision he makes has to be based on the best interest of his family.

"But I hope Mike seizes the opportunity to leave a lasting legacy that will last well beyond after he leaves City Hall," he added. "Mike O'Brien knows he will have a solid contract from the city. We're not going to give the store away, but he will have a solid contract."

Mr. O'Brien, meanwhile, says he remains committed to the city.

"No one I know can predict the future," he said. "What I can predict is I will always, always act in the very best interests of our community and I will continue to dedicate 175 percent of myself to the role each and every day I am city manager."

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